221 Ct. Cl. 947 | Ct. Cl. | 1979
This case involves the claims of ten employees, or subcontractors, of ITT Federal Electric Corporation, a corporation which held a contract with the Government.
The question presented is whether plaintiffs, who were employees or subcontractors of a Government contractor, are barred from maintaining this suit due to lack of privity with the United States. The question is before the court on defendant’s motion for summary judgment.
Plaintiffs are employees, or subcontractors, of ITT Federal Electric Corporation, alleging that in 1974 they
As noted earlier, plaintiffs’ petition asserts that' in 1974 they "entered into an agreement” with Federal Electric whereby they were to be employed by Federal Electric. They are, therefore, employees, or subcontractors, of Federal Electric. As such, they have no contractual relationship with the Government and therefore cannot maintain a suit against the United States. This principle is too well established to require extensive citation of authority. See, e.g., United States v. Munsey Trust Company, 332 U. S. 234, 241 (1947); Putnam Mills Corp. v.
In paragraph 10 of the petition, plaintiffs make reference to a telephone call from an unnamed employee or agent of the Government, allegedly asking plaintiffs to resume providing services to the FAA and stating that the Government would pay for such services. These averments are insufficient if intended as a pleading of an implied contract. In Curtis v. United States, 144 Ct. Cl. 194, 198, 168 F. Supp. 213, 215-216 (1958), cert. denied, 361 U. S. 843 (1959), the court stated as follows:
* * * The petition does not state the name or position of any officers or agents of the Government with whom any negotiations were had, nor is there an allegation that any person or persons with whom plaintiff claims to have negotiated, had authority to bind the Government or obligate it to pay compensation. Nor has plaintiff in his counter affidavit named persons with whom he claims to have negotiated. In the absence of supporting facts, the mere statement of a conclusion in the petition could not give rise to an implied contract. Hebern et al. v. United States, 132 C. Cls. 344; Nuss et al. v. United States, 127 C. Cls. 197; Kaplan v. United States, 139 C. Cls. 682.
Furthermore, the other unnamed individual allegedly involved in the matter, according to plaintiffs, was Mr. Daniel E. O’Neill. Mr. O’Neill was an electronics engineer employed by the Air Force. His duties included serving as a liaison with the FAA in connection with problems arising from the implementation of joint usage by the Air Force and FAA of the facility at Dauphin Island. He had no official status in connection with the contract the Air Force held with Federal Electric.
The statements of Mr. O’Neill show that he had no authority to bind the Government in regard to the matter
Mr. O’Neill’s statements also show that he recommended to Mr. McManus that he, Mr. McManus, submit documentation of overtime and out-of-scope work to the contracting officer through normal contract channels and that plaintiffs request additional compensation through the contractor and the contracting officer. Plaintiffs’ brief states that the affidavit of Mr. McManus "names the Government’s agent who promised that Plaintiffs would be compensated.” It is clear from the affidavit of Mr. O’Neill, the individual named by Mr. McManus, that he, Mr. O’Neill, did not promise Mr. McManus anything and had no authority to do so. His statements could not possibly form any basis whatsoever for holding the Government liable. Molony & Rubien Construction Co. v. United States, 214 Ct. Cl. 809, 810-811 (1977); Nuss v. United States, 127 Ct. Cl. 197, 207, 117 F. Supp. 413, 419 (1954).
Plaintiffs have no privity with the United States and, therefore, cannot maintain this suit against the Government. The petition fails to state a claim upon which relief can be granted.
it is ordered that defendant’s motion for summary judgment is hereby allowed. Plaintiffs’ claim is dismissed.